35 U.S. Code § 365 - Right of priority; benefit of the filing date of a prior application

(a)In accordance with the conditions and requirements of subsections (a) through (d) ofsection
119, a national application shall be entitled to the right of priority based on a prior filed international application which designated at least one country other than the United States.

(b)In accordance with the conditions and requirement of section
119(a) and the treaty and the Regulations, an international application designating the United States shall be entitled to the right of priority based on a prior foreign application, or a prior international application designating at least one country other than the United States.

(c)In accordance with the conditions and requirements of section
120, an international application designating the United States shall be entitled to the benefit of the filing date of a prior national application or a prior international application designating the United States, and a national application shall be entitled to the benefit of the filing date of a prior international application designating the United States. If any claim for the benefit of an earlier filing date is based on a prior international application which designated but did not originate in the United States, the Director may require the filing in the Patent and Trademark Office of a certified copy of such application together with a translation thereof into the English language, if it was filed in another language.

Pub. L. 112–211, title II, §§ 201(c)(2),
203,Dec. 18, 2012, 126 Stat. 1535, 1536, provided that, effective on the date that is 1 year after Dec. 18, 2012, applicable to patents issued before, on, or after that effective date and patent applications pending on or filed after that effective date, and not effective with respect to patents in litigation commenced before that effective date, subsection (b) of this section is amended by adding at the end the following: “The Director may establish procedures, including the requirement for payment of the fee specified in section
41(a)(7), to accept an unintentionally delayed claim for priority under the treaty and the Regulations, and to accept a priority claim that pertains to an application that was not filed within the priority period specified in the treaty and Regulations, but was filed within the additional 2-month period specified under section
119(a) or the treaty and Regulations.” See 2012 Amendment note below.
Pub. L. 112–211, title I, §§ 102(8),
103,Dec. 18, 2012, 126 Stat. 1532, provided that, effective on the later of the date that is 1 year after Dec. 18, 2012, or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States, and applicable only to certain applications filed on and after that effective date and patents issuing thereon, subsection (c) of this section is amended, in the first sentence, by substituting “, a prior international application designating the United States, or a prior international design application as defined in section
381(a)(6) designating the United States” for “or a prior international application designating the United States” and, in the second sentence, by inserting “or a prior international design application as defined in section
381(a)(6) which designated but did not originate in the United States” after “did not originate in the United States”. See 2012 Amendment note below.

Amendments

2012—Subsec. (b). Pub. L. 112–211, § 201(c)(2), inserted at end “The Director may establish procedures, including the requirement for payment of the fee specified in section
41(a)(7), to accept an unintentionally delayed claim for priority under the treaty and the Regulations, and to accept a priority claim that pertains to an application that was not filed within the priority period specified in the treaty and Regulations, but was filed within the additional 2-month period specified under section
119(a) or the treaty and Regulations.”

Subsec. (c). Pub. L. 112–211, § 102(8), substituted “, a prior international application designating the United States, or a prior international design application as defined in section
381(a)(6) designating the United States” for “or a prior international application designating the United States” and inserted “or a prior international design application as defined in section
381(a)(6) which designated but did not originate in the United States” after “did not originate in the United States”.

Amendment by section 102(8) ofPub. L. 112–211effective on the later of the date that is 1 year after Dec. 18, 2012, or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States, and applicable only to certain applications filed on and after that effective date and patents issuing thereon, see section 103 ofPub. L. 112–211, set out as a note under section
100 of this title.

Amendment by section 201(c)(2) ofPub. L. 112–211effective on the date that is 1 year after Dec. 18, 2012, applicable to patents issued before, on, or after that effective date and patent applications pending on or filed after that effective date, and not effective with respect to patents in litigation commenced before that effective date, see section 203 ofPub. L. 112–211, set out as an Effective Date note under section
27 of this title.

Effective Date of 2011 Amendment

Amendment by Pub. L. 112–29effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) ofPub. L. 112–29, set out as a note under section
2 of this title.

Effective Date of 1999 Amendment

Amendment by Pub. L. 106–113effective 4 months after Nov. 29, 1999, see section
1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section
1 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–465effective 6 months after Dec. 8, 1994, and applicable to all patent applications filed in the United States on or after that effective date, with provisions relating to earliest filed patent application, see section 534(b)(1), (3) ofPub. L. 103–465, set out as a note under section
154 of this title.